Make India Asbestos Free

Journal of Ban Asbestos Network of India (BANI). Asbestos Free India campaign of BANI is inspired by trade union leader Purnendu Majumadar. It has been working for last 17 years. It works with peoples movements, doctors, researchers and activists besides trade unions, human rights, environmental, consumer and public health groups. BANI demands criminal liability for companies and medico-legal remedy for victims. For Details: krishnagreen@gmail.com

Friday, May 15, 2015

Prime Minister should ensure that Indian government officials do not get subordinated by asbestos industry at UN meet underway in Geneva

UN
Meet on hazardous substances concludes on May 15

Making India rife with asbestos related diseases, a sad legacy for Make in India slogan

Indian
opposition to listing of white chrysotile asbestos in UN hazardous substances
list would be contrary to its domestic laws and regulations

May
14, 2015: ToxicsWatch Alliance (TWA) appeals to the Prime Minister Narendra
Modi to ensure that Indian government officials do not get subordinated by
representatives of Asbestos Cement Product Manufacturers Association (ACPMA), a
cartel of some 18 companies and its international allies for the fifth time at
the Seventh Conference of UN’s Rotterdam Convention on the Prior Informed
Consent Procedure for Certain Hazardous Chemicals and Pesticides in
International Trade (CoP-7) in deciding to get white chrysotile asbestos listed
under UN list of hazardous substances. Contrary to the misinformation campaign
and propaganda war unleashed by asbestos producing countries like Russia and
Kazakhstan, mere listing of white asbestos chrysotile does not constitute a
trade ban. Indian delegation should be directed to act with the knowledge that
listing it under the Convention does not constitute a trade ban on white
chrysotile asbestos.

Under
the influence of white chrysotile asbestos producing countries like Russia, if
India opposes listing of white chrysotile asbestos in UN list would be in
blatant violation of its domestic laws and regulations like Factories Act,
1948. In short, if Government of India takes such position, it will be deemed
untenable, unscientific, unsound, unsustainable, unacceptable and unpardonable
for all times to come among the comity of nations and amidst own people. Indian
delegation should pay heed to the resolutions and recommendations of World
Health Organization (WHO) and the International Labour Organization (ILO)
instead of allowing itself to be hijacked by accompanying members of ACPMA. It
will be a shame if the Indian delegation betrays the cause of public health and
national interest to safeguard the interest of the ACPMA.

Indian
delegation should re-adopt its 2011 position on white chrysotile asbestos when
Mira Mehrshi led the Indian delegation and resisted the influence and presence
of asbestos industry lobby amidst standing ovation. It is hoped that Shashi
Shekhar, the head of Hazardous Substances Management Division, MoEF, Government
of India will restore India's prestige by re-adopting a scientifically and
legally defensible position. Shashi
Shekhar who also heads the Central Pollution Control Board (CPCB)’s INVENTORY
OF HAZARDOUS CHEMICALS IMPORT IN INDIA prepared by CPCB, under Union Ministry
of Environment & Forests, Government of India that lists 'asbestos' at
serial no. 26 as one of the 180 hazardous chemicals in international trade
which is imported in India.

Under
Factories Act, 1948, the List of 29 industries involving hazardous processes is
given under Section 2 (cb), Schedule First, asbestos is mentioned at serial no.
24. The Act defines "hazardous process" as "any process or
activity in relation to an industry specified in the First Schedule where,
unless special care is taken, raw materials used therein or the intermediate or
finished products, bye-products, wastes or effluents thereof would--(i) cause
material impairment to the health of the persons engaged in or connected
therewith, or (ii) result in the pollution of the general environment".
This leaves no doubt that asbestos is a hazardous substance.

A
letter of B N Mehta, the then Chief Inspector of Factories, Gujarat State dated
December 24th, 2002 submitted in the Hon'ble Supreme Court categorically
reveals that two workers of Gujarat Composites Ltd were confirmed for
Asbestosis, an incurable lung disease by National Institute of Occupational
Health (NIOH), Ahmedabad. The workers were (1) Shri Hazarilal Manraj and (2)
Shri Sahejram B Yadav. The letter recommended compensation of Rs 1 lakh as per
the Hon'ble Court's order but till date the same has not been given. This
establishes the hazardous nature of asbestos. The letter is available at
https://twitter.com/krishna1715/status/503824823747751936

It
must be recalled that on June 22, 2011 Indian delegation led by Ms. Mira
Mehrishi, Additional Secretary, had supported the listing ofChrysotile asbestos
as a hazardous chemical substance at the fifth conference on Rotterdam
Convention (COP-5) amidst standing ovation. Not surprisingly, Mira Mehrishi’s
reputation remains impeccable with unblemished track record.

For
a government which has adopted the slogan of “Make in India”, endorsement of
asbestos like products would be a glaring taint because it ends up making India
with the blood money of white chrysotile asbestos manufacturers. It will
tarnish its image by end up making India rife with asbestos related diseases, a
sad legacy for slogan Make in India.

It
tantamounts to sacrificing public health in order to support the ideology of
naked lust for profit espoused by unscrupulous white chrysotile asbestos
companies at any human cost. In effect, India would be seen taking an
irrational position arguing that it does not wish to be informed about the
hazardous nature of substances it imports and does not wish to inform about it
to the countries which export asbestos based goods from India. This also means
that India is becoming complicit in the violation of human rights by knowingly
doing business in hazardous substances like white chrysotile asbestos as per
its own law.

It
is hoped even at this late stage that India will disassociate itself from the
influence of white chrysotile asbestos producing companies and countries after
examining the finding of the Contact Group set up by the President of the
Conference of the Parties to achieve a consensus to list while chrysotile
asbestos in the UN’s Prior Informed Consent (PIC) list-Annex III of the
Rotterdam Convention. Chemical Review Committee (CRC) of the Convention has
recommended its listing in view of compelling scientific and medical evidence.

It
is noteworthy that when the attached joint letter dated May 3, 2015 was sent to
Prakash Javdekar, Union Minister of Environment, Forests & Climate Change
and Ananth Kumar, Union Minister of Chemicals and Fertilizers, the former
responded with alacrity and put his acknowledgement of reasons for
disassociating with asbestos producing countries like Russia on record. The
fact remains Union Minister of Chemicals and Fertilizers did not respond
although Ministry of Chemicals and Fertilizers is the Focal Point for Rotterdam
Convention. It is also a fact that Indian delegation was misled in 2013 by an
irrelevant and conflict of interest ridden note of this very Ministry. Notably,
Indian delegation was joined by supporters of asbestos industry in 2013. It is
quite apparent that the industry representatives overwhelmed the government representatives
who were made to take position against human health and the environment and to
put profit of the asbestos industry before gnawing public health concerns.

When
ToxicsWatch Alliance (TWA) had confronted MoEF with domestic laws in 2013, the
officials from MoEF expressed helplessness as they were bound by the attached
note of the Ministry of Chemicals and Fertilizers. Hopefully, the structural
compulsions of inter-ministerial coordination will be overcome this time to
outwit the designs of ACPMA to subjugate the Indian delegation to its whims in
fancies.

Notably,
India's National Human Rights Commission is deeply concerned about the issue
and is seized with case dealing with deaths and diseases caused by exposure
asbestos fibers.

Indian
history remembers such examples of notorious, timid, weak, pliable, gullible
and docile individuals with unfailing memory.
It’s a conflict between truth and profit. A poison is a poison. A hazardous substance
will remain a hazardous substance irrespective the outcome of the UN meeting
that concludes on May 15, 2015 but the Indian delegation will stand exposed for
compromising India’s stature and its scientific reputation.

White
chrysotile asbestos is banned in over 50 countries because it’s safe and
controlled use is impossible. In countries like India there is almost no health
infrastructure to even diagnose the incurable diseases caused by exposure to
its fibers. There is lack of lab facilities which can detect its presence in
buildings and products in a situation where there is not a single building
India which can claim to be asbestos free. It’s listing in the UN list merely a
preliminary preventive step.

Health Matters

Ban on Asbestos is a Must

A study in a peer-reviewed journal had earlier estimated that there could be more than 6,000 workers affected by asbestosis (an untreatable lung ailment) and another 600 suffering at the minimum from asbestosis-related lung cancer in India at present. Occupational cancer from asbestos, the disease caused by emissions at the work place, poses an increasingly serious health problem. But the subject has attracted relatively little attention from industry, labour, public health bodies or the medical profession. Asbestos is one of the single largest sources of occupational cancer. Indian polticians are acting as if they are bonded workers of asbestos industry.

World Trade Center, New York collapsed Thousands of tons of asbestos became airborne.

Back in 1981, there was research coming out that Asbestos was cancer causing and this ad was in rebuttal to that research touting the benefits of using Asbestos. The text over the Twin Towers states, "When the Fire Alarm Went Off, It Took Two Hours to Evacuate New York's World Trade Center." I do not need to remind anyone of the images of September 11th and this ad. The copy below the ad goes on to mention all of the places that Asbestos was used in the World Trade Center. I can not not think of all of the innocent victims in the area that were exposed to all of the dust, smoke and inherent asbestos that was in the air after the buildings collapsed. The cloud of smoke went across the entire city and potentially exposed hundreds of thousands of individuals to asbestos. Hopefully there can be a cure or treatment for Mesothelioma before all of these potential victims are diagnosed.

Ban Use of Asbestos Products

Apex Court allocates meagre compensation for asbetsos victims

In 1995, the Supreme Court of India fixed Rs 1 lakh compensation amount and identified National Institute of Occupational Health (NIOH) as the final authority to certify asbestosis cases. Compensations are given through the Employees State Insurance Corporation (ESIC). Two workers in Ahmedabad Electricity Company diagnosed as having asbestosis by NIOH have been compensated by Gujarat High Court. Twenty-five workers in asbestos jointing and packing industry at Mumbai were compensated by the Special medical board of ESIC. The court ruled that the industrial units must maintain a health record of every worker up to a minimum period of 40 years; insure workers under the Employees State Insurance Act or Workmen’s Compensation Act and give health coverage to every worker.

Asbestos Victims

Every day estimated 30 deaths in India is under way due to the ongoing trade and use of white asbestos. 'Asbestos' in Greek means 'indestructible'. Greeks called asbestos the 'magic mineral'. Asbestos is a generic term, referring usually to six kinds of naturally occuring mineral fibres. Of these six, three are used more commonly. Chrysotile is the most common, accounts for almost 90 per cent of the asbestos used in the industry, but it is not unusual to encounter Amosite or Crocidolite as well. Though Crocidolite asbestos is banned in India, it can still be found in old insulation material, old ships that come from other countries for wrecking in India. All types of asbestos tend to break into very tiny fibre, almost microscopic. In fact, some of them may be up to 700 times smaller than human hair. Because of their small size, once released into the air, they may stay suspended in the air for hours or even days. Asbestos fibres are virtually indestructible. They are resistant to chemicals and heat, and are very stable in the environment. They do not evaporate into air or dissolve in water, and they do not break down over time. Because of its high durability and with tensile strength asbestos has been widely used inconstruction and insulation materials - it has been used in over 3,000 different products. Where do we use it? In India, asbestos is used in manufacture of pressure and non pressure pipes used for water supply, sewage, irrigation and drainage system in urban and rural areas, asbestos textiles, laminated products, tape, gland packing, packing ropes, brake lining and jointing used in core sector industries such as automobile, heavy equipment, petro-chemicals, nuclear power plants, fertilizers, thermal power plants, transportation, defence.

Vladimir Putin government set up a panel of experts to give an opinion on a possible Russian asbestos ban. The panel’s report gave an impassioned defence of asbestos use. Dr Izmerov gave a presentation on "Chrysotile. Russian Experience in Occupational Health" at the International Conference on Chrysotile in Montreal during May 23 - 24, 2006. Russia exported 152, 820 MT of chrysotile asbestos to India in 2006.